RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  
	DOCKET NUMBER:  AR20080003754 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  




Director



Analyst

      The following members, a quorum, were present:




Chairperson



Member



Member
	The Board considered the following evidence: 

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).



THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, an upgrade of his reentry (RE) code of RE-4 to allow reenlistment.  

2.  The applicant states, in effect, that he believes his RE code is in error.  He finds it hard to believe that one positive urinalysis would bar him from ever serving his country again.

3.  The applicant provides no additional documents in support of his case.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows that he initially enlisted in the Regular Army and entered active duty on 2 October 2003.  He was trained in and awarded military occupational specialty (MOS) 88M (Motor Transport Operator).  The highest grade he attained was pay grade E-3.

2.  On 16 June 2005, the applicant accepted nonjudicial punishment (NJP) for driving in a reckless manner by driving 58 miles per hour in a 35 mile per hour speed zone.  His imposed punishment for this offense included a reduction to pay grade E-2 (suspended for 6 months), a forfeiture of $323.00 pay per month for 6 months (suspended for 6 months), and 14 days of restriction and extra duty. 

3.  On 7 September 2005, the applicant was directed to take a command referred urinalysis due to the applicant admitting that he used drugs and due to him leaving the authorized testing site during a 100% unit urinalysis.    

4.  On 19 September 2005, the applicant’s urinalysis test returned positive for methamphetamines.  The applicant waived all rights to consultation with a lawyer.   

5.  On 19 October 2005, the applicant accepted NJP, for the wrongful possession and the wrongful use of ecstasy between on or about 4 August 2005 and 
4 September 2005 as proven by a chemical analysis.  His imposed punishment for this offense was a reduction to pay grade E-1, a forfeiture of $617.00 pay per month for 2 months, and 45 days of restriction and extra duty.  

6.  On 28 October 2005, a mental and a physical evaluation cleared the applicant for any administrative action deemed appropriate. 

7.  On 8 November 2005, the applicant was notified by his unit commander that separation action was being initiated on him under the provisions of chapter 
14 -12c (2), Army Regulation 635-200, by reason of misconduct- abuse of illegal drugs, with a discharge under honorable conditions.  The reason for the proposed action was the applicant’s wrongful use of methamphetamines.

8.  On the same day, the applicant acknowledged receipt of the proposed action against him and consulted with legal counsel.  He was advised of the basis for the contemplated separation action, the effects of such a separation, the rights available to him, and the effect of any action taken by him in waiving his rights.  Subsequent to receiving this counseling, the applicant completed his election of rights by waiving his right to have his case considered by an administrative separation board, and he declined to submit statements in his own behalf.  

9.  On 18 November 2005, the applicant was discharged under the provisions of Army Regulation 635-200, Chapter 14 -12c, (2) by reason of misconduct (Abuse of Illegal Drugs), with a discharge under honorable conditions.  The separation document (DD Form 214) he was issued at the time confirms that he held the rank of private/E-1 (PV1), and had completed a total 2 years, 1 month and 
17 days of active military service.  The DD Form 214 also shows that based on the authority and reason for his separation, he was assigned a separation program designator (SPD) code of JKK and an RE code of RE-4.  

10.  The applicant authenticated his 18 November 2005 DD Form 214 with his signature in Item 21 (Signature of Member Being Separated).  There is no indication that he questioned the SPD or RE codes listed on the separation document at that time.  

11.  Army Regulation 635-200 sets forth the policy for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of serious offense, conviction by civil authorities, desertion, or absences without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.  Army policy states that a discharge under other than honorable conditions is normally considered appropriate, but a general discharge under honorable conditions or an honorable discharge may be granted.

12.  Pertinent Army regulations provide that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge. Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve.  Chapter 3 of that regulation prescribes basic eligibility for prior service applicants for enlistment. That chapter includes a list of armed forces RE codes, including RA RE codes.  RE-4 applies to persons who are permanently disqualified for continued Army service.

13.  Army Regulation (AR) 635-5-1 (SPD Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  The SPD code of JKK is the appropriate code to assign Soldiers separated under the provisions Army Regulation 635-200, chapter 14-12c, by reason of misconduct (Abuse of Illegal Drugs).  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions were carefully considered.  However, by regulation, the RE-4 code assigned to the applicant was the proper code to assign members separating under the provisions of Army Regulation 635-200, Chapter 14-12c for misconduct (Abuse of Illegal Drugs).  The applicant’s record shows that he violated the Army’s policy not to possess or use illegal drugs, which compromised the trust and confidence placed in a Soldier.  The applicant as a Soldier had a duty to support and abide by the Army’s drug policies.  By abusing illegal drugs, the applicant risked a military career.  Therefore, there is no evidence nor has the applicant presented any evidence to warrant relief.  As a result, the RE-4 code and the narrative reason for separation were and still are appropriate.  

2.  The evidence of record confirms the applicant’s separation processing was accomplished in accordance with the applicable regulation.  This includes the assignment of his SPD and RE codes.  All requirements of law and regulation were met and the rights of the applicant were protected throughout the separation process.  

3.  RE-4 applies to persons who are permanently disqualified for continued Army service.

4.  Therefore, in order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.


BOARD VOTE:

________ ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

RTD____   THR____  MJF_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.





              __RTD_
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20080003754



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA  22202-4508